Court Updates

Topics

01/18/2023

Planning Board Deviation From Past Practices When Reviewing a Land Use Project Can Result in Reversal of a Board Decision

Appeal of Town of Amherst

NH Supreme Court No. 2021-0570

12/05/2022

Equivocal Public Safety Evidence Did Not Support Denial of a Variance on the Issue of Public Safety

46 Martin Road, LLC v. Town of Epping

Housing Appeals Board Case No. ZBA – 2022-16

11/30/2022

Previously Denied Land Use Application can be Materially Different under Fisher v. Dover if Information Sought at the Time of the First Application is Provided as Part of the Second Application

Transfarmations v. Town of Amherst

New Hampshire Supreme Court Case No. 2021-0214

11/14/2022

ZBA Variance Denial Overturned by Housing Appeals Board; Conversion of Obsolete Office Structure to Market Rate Apartments Permitted

Chelmsford Hooksett Properties, LLC v. Town of Hooksett

Housing Appeals Board Case No. ZBA-2022-10

10/26/2022

Government Must Provide a Record, if the Records Request Enables a Professional Employee of the Agency who was Familiar with the Subject Area of the Request to Locate the Record with a Reasonable Amount of Effort.

Colquhoun v. City of Nashua

New Hampshire Supreme Court Case No. 2021-0253

10/04/2022

Under RSA 672:1, III (e) Municipalities Must Ensure the Exercise of Zoning and Planning Powers do not Discourage the Development of Workforce Housing

Appeal of Town of Windham

New Hampshire Supreme Court Case No. 2021-0473

05/02/2022

When Expressing Official Points of View, Local Government Can Control the Content of Signs and Flags Displayed on Municipal Property Under a Written Policy.

Shurtleff v. City of Boston

United States Supreme Court Docket No. 20–1800

04/22/2022

The State Supreme Court Essentially Affirmed the Superior Court’s Opinion that an Investigative Report into a Police Officer’s Conduct is Subject to the Privacy Interest v. Public Interest Balancing Test

Provenza v. Town of Canaan

New Hampshire Supreme Court Case No. 2020-0563

04/21/2022

Municipalities Can Adopt Sign Codes that Impose More Stringent Regulations or Prohibitions for Off-premise Signs as Opposed to On-premise Signs

City of Austin v. Reagan National

United States Supreme Court Docket No. 20–1029

03/24/2022

Public Bodies Can Censure Fellow Board Members for Conduct that is Detrimental to the Best Interests of the Public Body

Houston Community College v. Wilson

United States Supreme Court Docket No. 20–804

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